New Mexico SB 404: 3-YEAR MEDICAL MARIJUANA CERTIFICATION

Bill Text

SPAC/SB 404
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AN ACT
RELATING TO HEALTH; AMENDING THE LYNN AND ERIN COMPASSIONATE
USE ACT TO PROVIDE FOR THREE-YEAR CERTIFICATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 26-2B-1 NMSA 1978 (being Laws 2007,
Chapter 210, Section 1) is amended to read:
"26-2B-1. SHORT TITLE.--Chapter 26, Article 2B NMSA
1978 may be cited as the "Lynn and Erin Compassionate Use
Act" in honor of Lynn Pierson and Erin Armstrong."
SECTION 2. Section 26-2B-7 NMSA 1978 (being Laws 2007,
Chapter 210, Section 7) is amended to read:
"26-2B-7. REGISTRY IDENTIFICATION CARDS--DEPARTMENT
RULES--DUTIES.--
A. No later than October 1, 2007, and after
consultation with the advisory board created pursuant to
Section 26-2B-6 NMSA 1978, the department shall promulgate
rules in accordance with the State Rules Act to implement the
purpose of the Lynn and Erin Compassionate Use Act. The
rules shall:
(1) govern the manner in which the
department will consider applications for registry
identification cards and for the renewal of identification
cards for qualified patients and primary caregivers;
(2) define the amount of cannabis that is

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necessary to constitute an adequate supply, including amounts
for topical treatments;
(3) identify criteria and set forth
procedures for including additional medical conditions,
medical treatments or diseases to the list of debilitating
medical conditions that qualify for the medical use of
cannabis. Procedures shall include a petition process and
shall allow for public comment and public hearings before the
advisory board;
(4) set forth additional medical conditions,
medical treatments or diseases to the list of debilitating
medical conditions that qualify for the medical use of
cannabis as recommended by the advisory board;
(5) identify requirements for the licensure
of producers and cannabis production facilities and set forth
procedures to obtain licenses;
(6) develop a distribution system for
medical cannabis that provides for:
(a) cannabis production facilities
within New Mexico housed on secured grounds and operated by
licensed producers; and
(b) distribution of medical cannabis to
qualified patients or their primary caregivers to take place
at locations that are designated by the department and that
are not within three hundred feet of any school, church or

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daycare center;
(7) determine additional duties and
responsibilities of the advisory board; and
(8) be revised and updated as necessary.
B. The department shall issue registry
identification cards to a patient and to the primary
caregiver for that patient, if any, who submit the following,
in accordance with the department's rules:
(1) a written certification;
(2) the name, address and date of birth of
the patient;
(3) the name, address and telephone number
of the patient's practitioner; and
(4) the name, address and date of birth of
the patient's primary caregiver, if any.
C. The department shall verify the information
contained in an application submitted pursuant to Subsection
B of this section and shall approve or deny an application
within thirty days of receipt. The department may deny an
application only if the applicant did not provide the
information required pursuant to Subsection B of this section
or if the department determines that the information provided
is false. A person whose application has been denied shall
not reapply for six months from the date of the denial unless
otherwise authorized by the department.

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D. The department shall issue a registry
identification card within five days of approving an
application, and a card shall expire three years after the
date of issuance; provided that a registry identification
card issued to a person under the age of eighteen shall be
valid for one year. A registry identification card shall
contain:
(1) the name, address and date of birth of
the qualified patient and primary caregiver, if any;
(2) the date of issuance and expiration date
of the registry identification card; and
(3) other information that the department
may require by rule.
E. A person who possesses a registry
identification card shall:
(1) notify the department of any change in
the person's name, address, qualified patient's practitioner,
qualified patient's primary caregiver or change in status of
the qualified patient's debilitating medical condition within
ten days of the change; and
(2) visit the qualified patient's
practitioner annually regarding the status of the qualified
patient's debilitating medical condition, regardless of the
length of time for which the qualified patient's registration
identification card is valid.

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